Case for a Pre-Sentence Pardon - 37th Analysis - 12 January 2020
11 January 2020 – #PardonFlynnNow Analysis
1) A question has arisen again, and it's a good one. Can @GenFlynn be pardoned prior to his sentencing? The reason this is even a question, at all, shows how little we understand the power of Presidential Pardon. That's what we must discuss now.
2) When the framers decided to include the Power of Pardon in our Constitution, there was much debate. The power is so vast, the fear was that it would be misused, and, the fear was right. It has been far more misused than used rightly ever since.
3) So why did the framers even consider its inclusion? The answer is simple. Our Justice system has JUSTICE worked out. But what it fails to cover is MERCY. Mercy is, in fact, a countering principle, required for Justice to be well balanced. It's just so easy for the system to get itself wrong.
4) When the framers decided to include the Power of Pardon, they chose to grant the chief executive with the ability to redress an injustice perpetrated by legal means. Yet, there remained a problem which they did not address. This problem must be corrected.
5) In their day, the problem with government was a monarch with too much power. What they failed to envision was a federal bureaucracy that took the monarch's place. They had no ability to foresee what has occurred, since. We rightly call it The Swamp.
6) What our Swamp has done is embody all the powers of the British monarch into its institutional apparatus. It can destroy lives at will, and has a compliant judiciary attending its every whim. @SidneyPowell1 has named this problem as a Licensed To Lie.
7) The prosecutorial arm of the justice system may lie at will. And, when facing a defendant, it may also charge the defendant with lying. This is a new power. The power to lie, and the attendant power to prosecute another for lying. Can you say the word "asymmetry"?
8) We must be clear. There is - to my knowledge - no indication that the framers anticipated this asymmetry. Within their framework, the Power of Pardon allows for MERCY over JUSTICE. Yet it invests that power into just one man. What an awesome power it is.
9) Let's look at that another way. The justice system itself is obviously accessible to the greatest concentrations of power. He with the most power has greatest opportunity to bend the justice system to his will. How then can this tendency toward concentration be countered?
10) To understand the answer, we must understand the very nature of the Presidency itself. Of all democratic institutions, no other is so subject to the will of the people, the people as a whole. Should a President wish to be reelected, he must speak to the entire nation.
11) There is no other position in all of government quite so deeply and directly tied to the will of the people. Thus, the Presidency is the place within which the founders locate the Power of Pardon. Another point is required...
12) For all their genius, the founders had NO experience. That is, NO such entity as the United States of America had ever existed before. So, they had no way of picturing Presidents corruptly using their Power of Pardon on their last day in office with no care for the public will whatsoever.
13) Linger with me. The framers gave the Chief Executive a type of power that completely trumps the power of the judiciary. In turn, this actually gives him power even over the power of the Congress who creates the laws the judiciary executes.
14) So, let us be clear, of all the powers granted by our Constitution to any person or institution, there can be no equal to the Power of Pardon. It is the greatest power existing in the American System of government.
15) Enter President Trump. We must pause here. President Trump is the greatest living scholar of the Constitution, bar none. He is no mere scholar, to be sure. He is rather the descendent upon whom all the powers of the Constitution have devolved.
16) How do I make this case? It is simple. He has not waited until the end of his term to corruptly use his Power of Pardon for personal gain. Rather, he has entered into the stream of history with his vast power ever present as a sacred obligation.
17) With all that in mind, we turn now to the single most important pardon Trump has yet granted, that of Joe Arpaio. Don't get lost in any details, as there is only one point that matters. By pardoning Arpaio PRIOR to his sentence, NO consequence of the conviction stands.
18) To my understanding, no such instance had previously occurred in American jurisprudence. Post-conviction but PRIOR to sentencing, the entire case was utterly dismissed by Power of Pardon. The term for this is innocent as a newborn baby.
19) There are, today, three most important victims of the Federal Bureaucracy. They are Manafort, Stone, and Flynn. Let's take them in order. Manafort is, right now, in process of being executed by solitary confinement. Can you say cruel and unusual? This is hellacious.
20) Stone faces the same fate. If given his maximum sentence, he faces 50 years. He too will be executed by imprisonment. Does that look like justice to you? Where is the outcry?
21) And then there's Flynn. He is the highest value target the Deep State has ever taken out. Their greatest fear is that he be released. Their greatest fear is that he be returned to America with his voice intact. @GenFlynn is their most necessary victim, period.
22) Will you allow this, without so much as speaking in your own voice? Please say no. Please say, "I'm mad as hell, and I'm not going to take it anymore." Please say... #PardonFlynnNow by a #PardonOfInnocence
23) But why is a social media movement in support of Gen Flynn even needed? The answer is simple. In my work during 2016, I learned that there is something called "a bad story." Political powers use this designation to walk away from what they deem not helpful in the moment.
24) I am no insider and have no special contacts in the Administration. But, just looking at the news it is absolutely and abundantly clear to me that Gen Flynn's case has been termed by those inside as precisely that, "a bad story." He is deemed not helpful, now.
25) But Gen Flynn is NOT a bad story, he's the most important story we have in America today. His case is 100% corrupt from inception to execution. And make no mistake, execute him is what they want to do. They want to destroy him utterly so he may never speak.
26) Never has there been a more egregious case of government misconduct. Never has there been a political assassination of this order. Never has The Swamp so clearly revealed its desperation. Gen Flynn is the value laden target more important than any other.
27) And that's why WE, we in social media, we must express our will so loudly that our concerted voices, coordinated into a single message, cannot be dismissed. We must speak for all of loyal America in standing for our hero. We must NEVER allow this injustice to stand.
28) And that is why I ask you to join me in but a single hashtag message:#PardonFlynnNow. If we make this trend, and trend more, and trend higher, even those in the greatest halls of power will eventually hear us. We must speak in a single voice of unison.
29) Let us ask, with humility yet dire seriousness:Please Sir, please Mr. @POTUS...#PardonFlynnNow
30) Personally, I always add...#PardonOfInnocence and the website where my analyses on topic have been posted:
But no matter. Make your voice known. Let's get this pardon PRIOR to the sentencing on 28 January.Do you agree?
https://twitter.com/shestokas/status/1216053437525372928?s=21
